Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31685 of 2018 Applicant :- Daya Nand Opposite Party :- State Of U.P.
Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Ray Sahab Yadav, learned counsel for the applicant, Sri Chandrajeet, learned counsel for the informant and learned A.G.A.
As per the prosecution case, the deceased was married to the applicant for about 10 years; three children were born from their wedlock; earlier an N.C.R. was lodged in 2014 against the applicant and in-laws of the deceased for torturing her; postmortem examination report shows four injuries; fracture on neck bone was also found.
It is alleged by learned counsel for the applicant that it is a case of accident; deceased fell down from the stairs; applicant has been falsely implicated; the applicant is in jail since 28.01.2018, hence, he is entitled to be released on bail.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail and submit that the deceased was regularly tortured by the applicant and her in-laws; earlier an N.C.R. was lodged against them; the matter was compromised, thereafter, the deceased succumbed to her antemortem injuries. It will not be in the public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant, Daya Nand, involved in Case Crime No. 11 of 2018, under Section 498-A, 304, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Raksa, District Jhansi.
Accordingly, the bail application is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 24.8.2018 K.K. Maurya